People v. Battle CA1/3

BACKGROUND

In December 2008, Battle repeatedly stabbed his then girlfriend, Danielle W. — who was also the mother of his child — with a 10-inch knife while their baby was in the next room. Danielle bled profusely from stab wounds in her chest, throat, and ear. She was airlifted to a hospital; later she endured several surgeries. After the incident, Danielle received speech and physical therapy. A portion of her face is permanently paralyzed. In 2010, a jury convicted Battle of corporal injury to a spouse or cohabitant and assault with a deadly weapon by means likely to produce great bodily injury. The jury also found true a great bodily injury enhancement. The trial court sentenced Battle to 10 years in state prison and reserved jurisdiction over restitution. This court affirmed the conviction. (People v. Battle, supra, A132037.) Battle was released from prison in 2018. In November 2019, the prosecution moved to “order or modify restitution” pursuant to section 1202.46. The prosecution asserted the California Victim Compensation Board (Board) paid $4,426.65 for medical and mental health counseling expenses incurred by Danielle from 2012 to 2019. Of that amount, $3,969 was for…